MARK ZUNINO

TERMS OF PURCHASE

TERMS OF PURCHASE



ONLINE SALES

Last updated: September 27, 2018

In addition to the Terms of Use www.markzunino.com/privacy-policy which governs your use of this website (the “Site”), these Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Mark Zunino (Nolan Miller, LLC) (Mark Zunino or “we”). By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.

1. ORDERING PROCESS

All advertisements on the Site are invitations to purchase and not offers to sell. Mark Zunino reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by Mark Zunino but does not constitute acceptance of your order. Mark Zunino reserves the right at any time after receipt of your order to accept or decline your order for any reason and Mark Zunino will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Mark Zunino rejects the order, Mark Zunino will have no obligation to fulfill your order and you will have no obligation to pay Mark Zunino for the order.

2. AVAILABILITY

The purchase of products on the Site is subject to availability. In the event that Mark Zunino advises you that such products are no longer available, Mark Zunino will have no obligation to fulfill your order and you will have no obligation to pay Mark Zunino for the order. This Site only ships products to addresses in the U.S.

3. PRICE

You agree to pay Louis Vuitton the amount set out as the “TOTAL” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in U.S. dollars and includes shipping and handling and all applicable taxes.

4. METHOD OF PAYMENT

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable on the Site. On the Site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card or PayPal and you authorize Mark Zunino to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Mark Zunino will have no obligation to fulfill your order.

5. SHIPMENT

Your order will be shipped to the U.S. delivery address specified by you during the order process. Mark Zunino is not responsible for any loss of the products following shipment from Mark Zunino’s or its agents’ or mandataries’ facilities to your delivery address.

6. RETURNS AND EXCHANGES

Merchandise may be returned for exchange or full refund to a free standing store or to our online store within thirty (30) days of the original purchase date when accompanied by the original sales receipt (except personalized items, Mon Monogram, Mon Damier Graphite, Made-to-Order items, watches and jewelry, and PayPal purchases). PayPal purchases may be exchanged at a free standing store within thirty (30) days of the original purchase date, or may be returned exclusively to our online store for a full refund within thirty (30) days of the original purchase date when accompanied by the original sales receipt. All merchandise returned for exchange or refund must be in perfect saleable condition. For perfume returns the crystal wrapping must remain sealed and not tampered with for an exchange or refund to be accepted. Watches and jewelry may be returned for exchange at watch/jewelry boutiques or to our online store, no refund will be given. When returning watches or jewelry, you must return the complete product, including the packaging, instructions leaflet (with the warranty certificate on the final page), product certificates (such as COSC and GIA, where applicable) and the invoice. All refunds may only be made in the same currency country as the original purchase.

7. PASSWORDS

You are responsible for the security of your account and password. Mark Zunino will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.

8. PRIVACY

Mark Zunino’s personal information practices on the Site are governed by Mark Zunino’s Privacy Policy which can be found at www.markzunino.com/privacy-policy. Please review the Privacy Policy and print a copy for your records.

9. CHANGES TO TERMS OF PURCHASE

Mark Zunino may at any time modify these Terms of Purchase and will post a copy of the amended Agreement at www.markzunino.com/terms-of-purchase.

10. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL MARK ZUNINO BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.

MARK ZUNINO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO LOUIS VUITTON HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR

11. APPLICABLE LAW

This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with Mark Zunino or relating in any way to your use of the Site or a purchase made on the Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Los Angeles, California. All parties to this Agreement waive their respective rights to a trial by jury.

12. GENERAL

Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Mark Zunino with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Mark Zunino to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Mark Zunino will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Mark Zunino. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Mark Zunino and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.

You may contact Mark Zunino at: www.markzunino.com/contact.

Last updated: September 27, 2018

TELEPHONE SALES

These Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make with Mark Zunino (Nolan Miller, LLC) (“Mark Zunino” or “we”) via telephone. Please print a copy of these Terms of Purchase for your records.

1. ORDERING PROCESS

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your order. Such e-mail is a confirmation that your order has been received by Mark Zunino but does not constitute acceptance of your order. Mark Zunino reserves the right at any time after receipt of your order to accept or decline your order for any reason and will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Mark Zunino rejects the order, Mark Zunino will have no obligation to fulfill your order and you will have no obligation to pay Mark Zunino for the order.

2. AVAILABILITY

The purchase of products is subject to availability. In the event that Mark Zunino advises you that such products are no longer available, Mark Zunino will have no obligation to fulfill your order and you will have no obligation to pay Mark Zunino for the order.

3. PRICE

You agree to pay Mark Zunino the total amount communicated to you over the telephone which will be set out in your invoice (the “Fee”). The Fee is quoted in U.S. dollars and includes shipping and handling and all applicable taxes.

4. METHOD OF PAYMENT

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable to telephone sales. You may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card and you authorize Mark Zunino to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Mark Zunino will have no obligation to fulfill your order.

5. SHIPMENT

Your order will be shipped to the U.S. delivery address specified by you during the order process. Mark Zunino is not responsible for any loss of the products following shipment from Mark Zunino’s or its agents’ or mandataries’ facilities to your delivery address.

6. RETURNS AND EXCHANGES

Merchandise may be returned for exchange or full refund to a free standing store or to our online store within thirty (30) days of the original purchase date when accompanied by the original sales receipt (except personalized items, Mon Monogram, Mon Damier Graphite, Made-to-Order items, watches and jewelry, and PayPal purchases). PayPal purchases may be exchanged at a free standing store within thirty (30) days of the original purchase date, or may be returned exclusively to our online store for a full refund within thirty (30) days of the original purchase date when accompanied by the original sales receipt. All merchandise returned for exchange or refund must be in perfect saleable condition. For perfume returns the crystal wrapping must remain sealed and not tampered with for an exchange or refund to be accepted. Watches and jewelry may be returned for exchange at watch/jewelry boutiques or to our online store, no refund will be given. When returning watches or jewelry, you must return the complete product, including the packaging, instructions leaflet (with the warranty certificate on the final page), product certificates (such as COSC and GIA, where applicable) and the invoice. All refunds may only be made in the same currency country as the original purchase.

7. PRIVACY

Mark Zunino’s personal information practices are governed by Mark Zunino’s Privacy Policy which can be found at www.markzunino.com/privacy-policy. Please review the Privacy Policy and print a copy for your records.

8. CHANGES TO THE TERMS OF PURCHASE

Mark Zunino may at any time modify these Terms of Purchase by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.

9. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL MARK ZUNINO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM LOUIS VUITTON OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.

MARK ZUNINO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM LOUIS VUITTON AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO LOUIS VUITTON HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR

10. APPLICABLE LAW

This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Mark Zunino or relating in any way to your use of the Site or a purchase made on the Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Los Angeles, California. All parties to this Agreement waive their respective rights to a trial by jury.

11. GENERAL

These Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Mark Zunino with respect to any telephone purchase made by you and supersede all previous agreements, understandings and representations relating thereto. No failure by Mark Zunino to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Mark Zunino will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Mark Zunino. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Louis Vuitton and it successors and assigns.

You may contact Mark Zunino at: www.markzunino.com/contact.